Kelly, Thomas

214 Public Papers of Governor Roosevelt

the second trial, as briefly reported by the district attorney, shows that the case was an exceedingly weak one and that an acquittal would have been fully warranted. The complainant and the defendant, the only witnesses to the occurrence, each testified, in effect, that the other was the aggressor and alone responsible for the assault and its results. The defendant’s testimony seems fully as credible and at least as well supported by the circumstances as that of the complainant, and there does not appear to have been any very good reason for rejecting his account of the facts and accepting that of his accuser. He is represented to have been a man of good character and, considering the doubt as to his guilt, the sentence, which was for the full term allowed by law, seems quite severe. He has now served, with the commutation for good conduct, nearly three years.

May 3, 1900. Hugh McMahon. Sentenced December 9, 1897; county, Onondaga; crime, robbery, third degree; term, four years and eight months; prison, Auburn.

Commuted to two years, four months and twenty-four days, actual time.

May 3, 1900. Thomas Kelly. Sentenced December 9, 1897; county, Onondaga; crime, attempting to commit robbery, third degree; term, four years and seven months; prison, Auburn.

Commuted to two years, four months and twenty-four days, actual time.

These two prisoners were separately convicted on the same indictment, one of robbery and the other of attempting to commit robbery. The evidence to prove the commission of either crime was quite meager, and it is exceedingly doubtful

BECOME A MEMBER

Join the TRA today and receive the Association's scholarly journal, participate in Association-sponsored travel and tour opportunities and local TRA Chapter activities and events, and receive invitations to all TRA events.

Copyright 2012